Everyone has a past, and for some, that means criminal records. But just because you have an arrest, charge, or similar non-conviction on your permanent record, it does not make you a delinquent or low-class citizen in any right. That is why Indiana now allows those who qualify to expunge such records, sealing them from public access. Once a crime has been expunged, Indiana law mandates that once the record is expunged that the offender is to be treated as though the criminal record never existed. A major advantage of expungements are beneficial when it comes to:
- Professional licenses
- Career opportunities
Still, there are several conditions and circumstances that go along with an Indiana criminal record expungement, all of which will influence your eligibility and what you can and cannot expunge. A common question among those petitioning for expungement has to do with a pretrial diversion program, also known as a pretrial probation .
Pretrial Diversion Programs Are Court Ordered
Most pretrial diversion programs are ordered by the court to a defendant facing criminal charges. A pretrial diversion is applied as an alternative to a criminal conviction. This is an option is only given to first-time misdemeanor offenders and most juveniles. After an offender completes the pretrial diversion program, the criminal charges are dismissed by the state.
A person can only file for expungement if they were never actually charged with a crime, or, if their charges were later dropped because:
- Their arrest was a result of mistaken identity
- They were truly innocent of the allegations made against them, a
- A judge found there was no probable cause or evidence that they committed any type of crime.
Pretrial Diversion Expungement Indiana Programs
So as long as a person meets one or more of the above criteria, and this person does not have any pending criminal charges against them, their petition for expungement should be granted by the courts. Of course the expungement depends whether or not they file their expungement paperwork correctly. It is important to hire an Indiana expungement attorney for help filing all paperwork and meeting all deadlines.